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Joe Elford

Medical Marijuana Industry News August 24, 2012

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Court Ruling Could Reverse Dispensary Bans in California…

The Los Angeles City Council has come under much scrutiny after its controversial decision to ban all medical marijuana dispensaries.  Many even wondered if they had the legal authority to even enact such a law with a decision by California’s 2nd District of Appeals stating that dispensaries could not banned.  The city decided to move forward with the ban even though it was clear they would have to spend considerable tax dollars defending their ill advised legal decision.  A lawsuit has already been filed by the “Patient Care Alliance” challenging the ban.  Additionally, Americans For Safe Access have been in the process of collecting the necessary signatures to get a ballot initiative off the ground that would present residents with a chance to overturn the ban themselves.  The lawsuit and the ballot initiative may not even be necessary in the end as we recently learned that the court case Pack V. Long Beach was thrown out by the California Supreme Court.  Previously, the decision in Pack V. Long Beach ruled that marijuana dispensaries could be banned on the basis that medical marijuana is not permitted by federal law.  As a result, municipalities such as L.A. and Long Beach used the decision to ban dispensaries.  The state supreme court ruled that since the municipalities have abandoned their federal argument in the recent bans, then everything pertaining to Pack V. Long Beach has been invalidated.  Joe Elford of Americans for Safe Access applauded the decision and said “The California Supreme Court has essentially pulled out the rug from under local officials who have used the Pack decision to deny access to medical marijuana for thousands of patients across the state.”

 

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NAACP Backs Marijuana Legalization Effort In Colorado…

A group familiar with social struggles announced its support for Amendment 64 and Colorado’s marijuana legalization efforts.  The NAACP (National Association for the Advancement of Colored People) was formed in 1909 setting out on a mission “to ensure the political, educational, social, and economic equality of rights of all persons and to eliminate race-based discrimination.”  The oldest civil rights organization is now seeking passage of Amendment 64.  However, their support is not entirely linked to the right to smoke marijuana itself as the group is also very much concerned with the disproportionate numbers of African Americans being jailed for cannabis related convictions.  Rosemarie Harris Lytle, president of the NAACP’s Colorado branch said “Marijuana prohibition policy does more harm to our communities than good.  “That is why we have endorsed Amendment 64 which presents a more effective and socially responsible approach to how Colorado addresses the adult use of marijuana.”  Arrests numbers by race are discouraging across the country but Colorado seems to have an even greater racial disparity in marijuana arrests than other areas of the country.  In Colorado, African Americans make up 4% of population but make up 9% of marijuana possession arrests and 22% of sale and cultivation charges.  In Denver the numbers are even more alarming as 11% of Denver’s population is African American even as they represent 31.5% of marijuana possession arrests.

 

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Medical Marijuana Makes Arkansas Ballot for November Election…

Activists in Arkansas faced a major setback when they were unable to deliver enough votes to get medical marijuana to the ballot earlier this summer.  However, a renewed effort has been successful with 74,406 signatures being submitted this time.  The number is higher than the 62,507 needed.  However ballot initiatives often see a significant number of signatures disqualified.  This was not the case in Arkansas as the Arkansas Secretary of State said earlier this week that “Our office verified over 69,000 signatures for Arkansans for Compassionate Care. They will be certified to the ballot.”  If residents approve the measure Arkansas will join the 17 other states (and Washington D.C.) that permit medical marijuana.  They would, however, become the first southern state to start a medical marijuana program.

 

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Are California Lawmakers Lost in the Clouds?

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Although it is often medical marijuana patients and advocates who are accused of hazy judgment, recent legal developments have us wondering how clearly those in power are thinking.  With conflicting decisions and a poor medical marijuana system that was never properly regulated, patient’s safe access has been seriously compromised.

Lawmakers have acted lazy and lethargic when it comes to regulating California’s medical marijuana program.  Instead of basing decisions upon research and information, they never checked on how the program is being run or made changes.  Now that the system is not functioning as they would like, many are trying to dismantle it.  How would Social Security fare if we never monitored or adjusted during its 70 year lifespan?  The difficult task is actually analyzing what works, speaking with law enforcement, legitimate dispensary workers, lawyers, and patients in order to determine the proper course of action.  After 16 years, California is in desperate need of re-reforming its cannabis laws.  Patients are confused as to where they can seek relief.

Despite the guarantees of “Safe Access” outlined in Proposition 215, many municipalities have taken it upon themselves to interpret the legal language as it suits them.  Legal experts have witnessed a series of confusing rulings, with the most recent ruling having been issued approximately a week and a half ago.  The July 2nd ruling by The Second Appellate District Court of Appeals stated that city municipalities do not have the right to outlaw marijuana dispensaries.  The ruling is being applauded by many marijuana advocates and patients.  It appears to have at least delayed some of the pending dispensary bans in places such as Long Beach and San Leandro.  Joe Elford of Americans for Safe Access said “The court of appeal could not have been clearer in expressing that medical marijuana dispensaries are legal under state law, and that municipalities have no right to ban them.”  All eyes will now turn to the California’s Supreme Court as they will be taking up the issue after the new year and will hopefully end the legal guessing game.

The lawsuits and pending court cases could have been avoided had California’s elected officials taken some sort of initiative on this issue.  After Dennis Peron fought for the right for patients to medicate, California became the first state to permit medical marijuana.  Did anyone think that a hands off program for the first legal cannabis state would just govern itself?  It is time for our representation to get their heads out of the clouds and do their job, even if that requires actual work and thinking.

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Medicinal Marijuana Industry News The month of january 20, 2012

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California Top Court Aims to obvious up Condition Medicinal Marijuana Laws and regulations

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For more than fifteen years ,California has developed in the middle of numerous lawsuits regarding its implementation of Proposition 215.  While Proposition 215 guarantees safe use of patients, many local cities have attempted to prohibit marijuana shops.  Choices in appellate courts have allowed local government authorities to enact restrictions but later this season the condition Top Court will review if restrictions are allowed as Proposition 215 guaranteed safe access.  Joe Elford of People in america For Safe Access was very happy to begin to see the high court taking on the problem.  He was cited as saying “These cases were very problematic for patients as well as their capability to securely and legally access a medicine that actually works on their behalf.Inch

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Major Studying Analyzing Medical Marijuana’s Impact on Post traumatic stress disorder may begin soon

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Working underneath the Arizona College of drugs, the audience Multidisciplinary Association for Psychedelic Studies (MAPS) aims to begin a significant study analyzing marijuana’s potential benefits for coming back soldiers suffering the results of Post traumatic stress disorder.  The research is not able to maneuver forward before the National Institute on Substance Abuse concurs to supply the appropriate marijuana for that study or ensure it is shipped legally.  Past research has outlined a hyperlink between cannabis and a decrease in Post traumatic stress disorder signs and symptoms, however this three month study will be the most thorough research about them.  Dr. Suzanne Sisley will manage the research whether it progresses.  Sisley thinks the study is essential and stated “We actually believe science should supersede politics, this illness must be treated inside a multidisciplinary way. Drugs like Zoloft and Paxil have proven entirely insufficient.”

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